Patna High Court
Arjun BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that, in the absence of any recovery from the petitioner's conscious possession, bail should be granted subject to prescribed conditions.
Summary
Arjun Baitha was arrested on 19 February 2026 in connection with a case involving the seizure of 185.100 litres of Nepali liquor near the Jamuni river bridge, alleged under Sections 30(a), 32 and 41(1) of the Bihar Prohibition & Excise Act. The petitioner claimed innocence, arguing that the liquor was not recovered from his conscious possession and that he was identified only by a spy and a local chaukidar. The State opposed bail, noting two other similar cases against the petitioner, one of which was already on bail and another pending. The High Court, considering the lack of possession and the circumstances, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition & Excise Act offences.
- Whether identification by a spy and local chaukidar without recovery from the petitioner's possession justifies continued detention.
- Whether the existence of other pending cases against the petitioner precludes bail.
Subjects
- bail
- prohibition and excise
- illegal liquor
- identification
- possession
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29828 of 2026
Arising Out of PS. Case No.-172 Year-2025 Thana- LAKHAURA District- East Champaran
======================================================
Arjun Baitha S/o Bhagat Baitha Resident of village - Jitpur, P.s.- Jitna, Distt.-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Harsha Shashwat, Advocate
For the State : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard Ms. Harsha Shashwat, learned counsel for the
petitioner and Mr. Abhay Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
19.02.2026, in connection with Lakhaura P.S. Case No. 172 of
2025, F.I.R. dated 10.06.2025 registered for the offences
punishable under Sections 30(a), 32, 41(1) of the Bihar
Prohibition & Excise Act.
3. Recovery is of 185.100 litres of Nepali liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. She further submits that it appears from the F.I.R.
as well as seizure list that recovery has been made near the
bridge of Jamuni river and petitioner has no rule at all in the
present occurrence and the name of the petitioner has been
Patna High Court CR. MISC. No.29828 of 2026(2) dt.05-05-2026
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transpired on the basis of identified by the spy and local
choukidar. It appears from the F.I.R. itself that nothing has been
recovered from the conscious possession of the petitioner and
petitioner has been made accused on the basis of identification
by the spy and local choukidar. The petitioner is in custody
since 19.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries two more cases
of similar nature other than the present one but fairly submits on
the basis of paragraph-3 of the bail petition that the petitioner is
on bail in one case and one case is pending for consideration
before the competent court of law.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court No. 01,
Civil Court, East Champaran at Motihari in connection with
Lakhaura P.S. Case No. 172 of 2025, subject to the following
conditions :-
Patna High Court CR. MISC. No.29828 of 2026(2) dt.05-05-2026
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(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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